Our clients Brad and Steve were business partners who entered into a Home Building Contract with a builder to carry out building works which included the construction of residential and commercial premises for over 2.5 million dollars.
As the project progressed, the builder carried out additional works and charged our clients an additional $50k.
At the conclusion of the project, both Brad and Steve discovered there were numerous defects and incomplete work in the subject build. To rectify the issue, the men had to fund the extra costs to fix the defects. This was an additional blow as not only were they paying extra money, but they were now also losing potential rental income.
A case was brought against the builder for recovery of the cost of rectifications and defects, and loss of rental income. Brad and Steve were then hit with a cross claim against our clients alleging further costs for additional works done.
Our specialist team of Commercial Lawyers acted for Brad and Steve in the District Court matter and prepared the matter all the way to a Final Hearing.
One week before the commencement of the Hearing, the builder offered to settle the matter and discontinue the cross claim against our clients. This was a great win for Brad and Steve, as they were able to recover the costs of rectification and defects, including loss of rental income.